The person, either an attorney or non-attorney, whom the claimant appointed in writing
to act on his/her behalf in pursuing a claim or asserted right before SSA may file
a fee petition unless:
the representative was previously authorized to receive a fee for his/her services
on that claim based on an approved fee agreement, or
the representative submitted a contingency fee contract (i.e., agreed to charge and
collect a fee only if SSA favorably decides the claim) and SSA’s decision is unfavorable.
Except in the above circumstances, any duly appointed representative, including a
former representative, may request a fee for the services he/she actually provided
in pursuing the claimant’s benefit rights in proceedings before SSA.
We will not accept or process fee petitions submitted on behalf of the appointed representative,
including fee petitions submitted with a power of attorney. Return to the appointed
representatives (unprocessed) any fee petitions submitted by a firm or other person.
Annotate the document and alert the appointed representative that we will take no
action until he or she submits a fee petition.
Refer to GN 03930.020C.6. if the representative dies before filing a petition.